On The Asset Recovery System And Its Link With Our Criminal Laws

Asset recovery system, which may ensure the state to recover the corruption crime income outside the border, is one of the innovations of UN Convention against Corruption (hereinafter referred to as the "Convention"). As the Convention has come into force in our country, it ensures us to effectively recover the state assets and hit the corruption offenders in economy. But there are much different stipulations between the Convention and the criminal law system in China. The differences should be an impairment in striking corruption crimes and also be an obstacle for China in the way to transnational litigation and asset recovery.This paper describes the asset recovery system and the differences between the Convention and the Criminal Law and Criminal Procedure Law of the PRC such as constitutive requirements of some accusations, application of capital punishment, the scope of asset recovery, recognition and enforcement of foreign judgments, trail by default, protection of the third party acting in good faith and potential oblige in freezing, detaining or forfeiting the assets, discretionary not to sue stained-witness, deduction of reasonable costs. Finally, the author offers the suggestion of modifying the Criminal Law and Criminal Procedure law of the PRC so as to consistent with the Convention.